4SoutOOiami CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM THE CITY OF PLEASANT LIVING
To:
From:
Date:
Subject:
The Honorable Mayor & Members of the City Commission
Steven J. Alexander, City Manager ~genda Item NO':~ April 21, 20 15
A Resolution authorizing the City Manager to increase general fund
appropriations for the 2015 Fourth of July celebratory event through a
donation of $9,000 from Laz Parking as part of its contact obligations.
Background: The following entity will contribute to the 2015 Fourth of July event:
Laz Parking $ 9,000
This event is partially privately funded and this donation will assist with costs
associated in the area of decorations, entertainment, fireworks, and sound
production, etc.
The donation will increase the expenditure line item 001-2000-572-4820,
Promotional Activities/Special Events, which has a current balance of $14,404, by
$9,000, bringing the total to $23,404.
The contract between the City and Laz Parking (Resolution 181-14-14275),
stipulates that Laz Parking shall provide a donation to the City of South Miami,
which will be used for the City's 2015 Fourth of July celebratory event in the
amount of nine thousand ($9,000) dollars.
Expense: $9,000 (Will be used towards the decorations, entertainment, fireworks, and/or
sound production, etc.).
Account: 001-2000-572-4820 (Promotional Activities/Special Events)
Attachments: Proposed Resolution
Attached Resolution 181-14-14275
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RESOLUTION NO. _____ _
A Resolution authorizing the City Manager to increase general fund appropriations for
the 2015 Fourth of July celebratory event through a donation of $9,000 from Laz
Parking as part of its contact obligations.
WHEREAS, the contract between the City and Laz Parking (Resolution 181-14-14275),
stipulates that Laz Parking shall provide a donation to the City of South Miami, which will be
used for the City's Fourth of July Annual Fireworks display in the amount of nine thousand
($9,000) dollars in the calendar year 2015"; and
WHEREAS, this donation will assist with costs associated with this event in the area of
entertainment, fireworks and/or decorations; and
WHEREAS, this donation will increase the expenditure line item 001-2000-572-4820,
Promotional Activities/Special Events, with a current balance of $14,404.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to increase account number 001-2000-
572-4820, Promotional Activities/Special Events by $9,000 from a donation from Laz Parking
to assist with costs associated with the event, in the area of entertainment, fireworks,
decorations, etc., for the 2015 Fourth of July celebratory event.
Section 2. If any section clause, sentence, or phrase of this resolution is for any reason
held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect
the validity of the remaining portions ofthis resolution.
Section 3. This resolution shall become effective immediately upon adoption by vote of
the City Commission.
PASSED AND ADOPTED this __ day of _____ , 2015.
ATTEST: APPROVED:
CITY CLERK
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
Page 1 ofl
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Edmond:
Commissioner Liebman:
Commissioner Welsh:
RESOLUTION NO.: 181-14-14275
A Resolution authorizing the City Manager to execute a five (S) year contract with
Laz Parking Inc.
WHEREAS, the City wishes to enter into a five (5) year agreement with Laz Parking, Inc.,
for parking management services; and
WHEREAS, the City's solicited proposals for parking management services through a RFP
process and received three (3) proposals that were reviewed by a Selection Committee; and
WHEREAS, the Selection Committee scored and ranked the proposal submitted by Laz
Parking, Inc., as the highest ranked, most responsive and responsible proposal; and
WHEREAS, City Commission authorized the City Manager to negotiate a five (5) year
agreement with Laz Parking, Inc., in accordance with Resolution 125-14-14218.
NOW, THEREFORE, BE IT RESOLVED THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA:
Section 1. The City Manager is authorized to execute a five (5) year contract with Laz
Parking, Inc., for parking management services for an amount not to exceed $1,110,271
effective October 1, 2014. The contract agreement may be terminated by the City without
cause with a 30 day notice and the contractor may terminate the agreement without cause with
a 120 day notice. A copy of the agreement is attached.
Section 2. Severability. If any section, clause, sentence, or phrase of this resolution is
for any reason held Invalid or unconstitutional by a court of competent jurisdiction, this holding
shall not affect the validity of the remaining portions of this resolution.
Section 3. Effective Date: This resolution shall take effect immediately upon
enactment.
PASSED AND ENACTED this 2nd day of September, 2014.
APPROVED:
!4!fif~
MAYOR
COMMISSION VOTE: 5-0
Mayor Stoddard: Yea
Vice Mayor Harris: Yea
Commissioner Welsh: Yea
Commissioner Liebman: Yea
Commissioner Edmond: Yea
THE CITY OF PLEASANT LIVING
To:
FROM:
DATE:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
The Honorable Mayor & Members ofthe City Commission
Steven Alexander, City Manager
Agenda Item NO.:m Septem ber 2, 2014
A Resolution authorizing the City Manager to execute a five (5) year contract with Laz Parking
Inc.
BACKGROUND
The City issued a Request for Proposal for Parking Management Services, (RFP #FN-2014-01).
Three proposals were received that were reviewed by a Selection Committee. Three firms
responded to the RFP; Laz Parking, Republic Parking Systems, and SP+ Municipal Services.
Below please find a breakdown of the Evaluation Committee's scoring of the received
proposals:
1. Laz Florida Parking 286
2. SP+ Municipal Services 255
3. Republic Parking Systems 242
A summary of each proposers' bids are below:
Yr *LAZ SP Municipal Republic
1 213,156 239,821 296,068
2 218,485 247,160 306,430
3 223,947 254,737 317,155
4 229,546 262,562 328,255
5 235,285 270,642 344,668
5-YRTOTAL 1,120,419 1,274,922 1,592,576
'Proposal Summation Error: 1,349,965
THE CiTY OF PLEASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
In accordance with Resolution 125-14-14218, the City Manager was authorized to negotiate a
five (5) year contract agreement with Laz Parking, Inc. A summary of the negotiated terms are
below:
1. (a) Price Proposal as presented In the RFP response was reduced by over $10,000
which will be imposed during the first year of the contract
2. Required personnel be trained in good customer service techniques
3. Shifted the expense of auditing contractors records to the contractor
4. Shifted the expense of developing new parking spaces to the contractor, with
the exception of striping
5. Required annual audits by the contractor and the production of financial
statements as requested by the city
6. Contractor shall be required to produce a one and a five year strategic parking
system plan and one additional strategic plan as the city may design and require
7. Contractor shall make recommendations on marketing directed to increase
parking In the municipal parking structure, in addition to operations and
improvements
8. Contractor is required to promote the City's parking system, working with the
business community, conducting customer surveys twice a year, branding the
city parking system and developing and implementing a positive marketing
campaign to the satisfaction of the city
9. The financial agreement includes any new on-street parking improvements
which shall be included in the scope of service
10. The contractor will make a payment to the city of $9,000 for surveys not
completed by the contractor during the previous agreement, which will be used
forthe City's Fourth of July Annual Fireworks display in the calendar year 2015.
11. Additionally, the contractor will, within the first year, purchase and transfer to
the City a new GEM vehicle valued at over $14,500 within the first twenty-four
(24) months of this agreement or before October 1, 2016 or sooner ifthe current
electric vehicle needs replacement before then.
A total net financial improvement to the City's benefit of $33,500 has been negotiated.
THE CITY OF PLEASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
The agreement with Laz Florida Parking will take effect October 1, 2014 for a five year (5)
period after the expiration of the current Month-to-Month agreement. The agreement with
Laz Florida Parking ensures there will be no interruption in services or parking revenues prior to
October 1, 2014.
AMOUNT:
ACCOUNT:
ATTACHMENTS:
$1,110,271 for a five (5) year period; (FY 2015, $203,008)
Account No. 001-1410-513-3459 for FY 2015
Resolution
Resolution #125-14-14218; "Authorization to Negotiate"
Laz Parking Inc., Five (5) Year Agreement
Resolution #36-14-141130; "Month-to-Month Agreement"
RESOLUTION NO.: , 25-14-' 42.18
A Resolution authorizing the City Manager to enter into a five (5) year contract
agreement with Laz Parking Inc. for an amount not to exceed $1,120,419 for a five
(5) year period.
WHEREAS, the City wishes to enter into a fIVe (5) year agreement with Laz Parking, Inc.,
for parking management services; and
WHEREAS, the City's solicited proposals for parking management services through a RFP
process and received three (3) proposals that were reviewed by a Selection Committee; and
WHEREAS, the Selection Committee scored and ranked the proposal submitted by Laz
Parking, Inc., as the highest ranked, most responsIVe and responsible proposal, and
WHEREAS, Laz Parking, Inc., is recommended for the five (5) year contract agreement
for parking management services.
NOW, THEREFORE, BE IT RESOLVED THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA:
Section 1. The City Manager Is authorized to negotiate and eRte~ iR~ a five (5) year
contract agreement with Laz Parking, Inc., for parking management services for an amount not
to exceed $1,120,419 for a five (5) year period effective October 1, 2014. The contract
agreement may be terminated by the City without cause with a 30 day notice and the contractor
may terminate the agreement without cause with a 120 day notice. A copy of the sample
agreement is attache,d.
Section 2. Severability. If any section, clause, sentence, or phrase of this resolution is
for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
shall not affect the validity of the remaining portions of this resolution.
SectiDn 3. Effective Date: This resolution shall take effect immediately upon
enactment.
PASSED AND ENACTED this' 7thday of-,<J",u",n",e __ ,.J' 2014.
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Welsh:
Commissioner liebman:
Commissioner Edmond:
RESOLUTION NO.: 36-14-14130
A Resolution authorizIng the City Manager to enter into a month to month
contratt with Laz ParkIng, Inc., for parking management services.
WHEREAS, the City's and Laz Parking Inc., entered into an agreement for parking
management services, expiring March 31, 2014; and
WHEREAS, to provide the City time to s.elect a vendor and enter into a new agreement
for parking management services, the City and Laz Parking Inc., mutually desire to extend the
agreement on a month-to-month basis for a term not to exceed six (6) months, expIring
September 30, 2014 at the same terms, conditions and prices Identified In Agreement for
Parking Management Services; and
WHEREAS, the City or Laz Parking, inc., may terminate the agreement with a written 30
Day Notice to either party, and in all cases, such termination will become effective upon the last
day of the month the Notice of Termination Is received.
NOW, THEREFORE, BE IT RESOLVED THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, FLORIDA:
Settlon 1. The City Manager Is authorized to enter into a month to month contract, a
copy of which is attached to this Resolution, with Laz Parking, Inc;, for parking management
services for a term not to exceed six (6) months expiring September 30, 2014 at the same terms,
conditions and prices pursuant to the Agreement for Parking Management Services, a copy of
which is attached to this Resolution, for an amount not to exceed $16, 917.40 per month.
Settlon 2. Severability_ If any section, clause, sentence, or phrase of this resolution is
for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
shall not affect the validity of the remaining portions of this resolution.
Section 3. Effective Date: This resolution shall take effect immediately upon
enactment.
PASSED AND ENACTED this 4 thday of March ,2014.
APPROVED:
ff!iq;~
MAY R
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Welsh:
Commissioner Liebman:
Commissioner Edmond:
4-0
Yea
absent
Yea
Yea
Yea
To:
From:
Date:
SUBJECT:
BACKGROUND:
EXPENSE
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
The Honorable Mayor & Members of the City Commission
Steven J. Alexander, City Manager
March 4, 2014
2001
A Resolution authorizing the City Manager to enter into a month to month contract
with Laz Parking, Inc., for parking management services.
The City entered into a Municipal Parking Management Services agreement with laz
Parking, Inc., effective April 1,2011 (Resolution #121-11-134453). The agreement, for a
three (3) year term, expires on March 31,2014.
The City desires to issue a solicitation for parking management services and the month to
month COntract will provide the City time to make a decision, select a vendor and enter
into a new agreement. The month to month agreement with laz Parking Inc, shall extend
the terms and current monthly fee of $16,917.40 for an additional six (6) months.
$101,600 (6.Months) from Account No. 001·1410·513·3459 with a balance of $221,452
for FY 2014.
ATTACHMENTS: Resolution
Month to Month Contract
Resolution #121-11-134435 and la. Parl(ing Municipal Agreement
MONTH TO MONTH CONTRACT
TillS AGREEMENT made and entered into this ~ day of fI1tt2! I( .2014, by and between the
City of South Miami, a Florida municipal Corporation (hereinafter referred to as "City") and Laz Parking. Inc.,
hOl'cinafter referred to as "Contractor'I).
WITNESSETII:
WHEREM the City and Contractor entered into an Agreement for Parking Management Services effective
April I, 2011 for a three (3) year period; and
WHEREAS. the Agreement was issued for a three (3) year tenn. expiring on March 31. 20 14~ and
WHEREAS. the: City may decide not to extend the Agreement by an additional two (2) year period and may decide
to jssue a solicitation for parking management services; and
WHEREAS, to provide the City time to make its decision and select a vendor and enter into 11 new agreement for
parking management services. the City and Laz Perking Inc., mutually desire to extend the agreement on a month·ta-month
basis for a tenn not to exceed six (6) months, expiring September 30, 2014 at the same tenns., conditions and prices identified
In AgreemeDt for Parking Management Services; and
NOW, THEREFORE, the City and the Contractorf each through their authorized representative/official, agree as
follows:
1. The recitals set forth above are true and are hereby adopted by .reference.
2. The City and the Contractor shaH continue to do business pursuant to the Agreement for Parldng
Management Services between the City and Contractor which shall remain in effect through its current term and shall
thereafter, be extended on a month to month basis for an additional six (6) months, under the S{Ulle tenus and conditions
as the Agroement for Parldng Management Services other than as modified by this month to month contract. A copy of
the Agreement for Parking Management Services is attached to this Mouth-to-Month extension, If there is any conflict
between the Agreement for Parking Management Services Md this month to month contract, the later agreement shall
take precedence.
3. Contractor shall continue to provide such services under the same pricc(s), terms and
conditions as identified the Agreement for Parking Management Services.
4. City and Contractor may terminate the month to month extension of the conb'act at any time during the
six-month extension period by 30 day written advance notice ("Notice of Termination"). The City agrees to pay for services
at the agreed upon rates and Contractor agrees to continue to perfonn services through the 30 day Notice of Termination
period following the issue and receipt of the notice.
S. The administration of the contract and all decision by the City shaH be conducted at the sole discretion
of the City Manager, including aU decision as to tennillalion or renewal as provided for in the Agreement for Parking
Management Services and as may be provi.ded in this m~nth to month agreement.
6. The City Manager may. at his sole discretion. renew the Agreement for Parking Management ServIces
for me same renewal periods provided for in that agreement. or for a lesser period. In no event shalt the total tenn of the
contract, including all extensions and renewals exceed five years,
IN WITNESS WHEREOF, and IlS the duly authorized act of the parties, the undersigned representatives
oCthe parties hereto have caused this instrument to be signed in their respective names by their proper officiaJs on or prior to
the day and year first above written and which date shall be the effective date ofthls agrecm,~e,..._-,
ATTEST:
By, _ ... __ _
',-."Maria M, Menen
City Clerk
CONTRACTOR SERVICES AGREEMENT FOR PARKING MANAGEMENT SERVICES
THIS CONTRACT is made between LAZ Florida Parking, llC, a Florida corporation,
("CONTRACTOR") and the City of South Miami, a Florida municipal corporation, n:;SM")
through CSM's City Manager (who shall hereinafter be referred to as "City"), on this ~ this
day of SeplemIrr 2014.
NOW, THEREFORE, in consideration of the mutual promises and agreements hereinafter
set forth, the receipt and sufficiency of which are hereby acknowledged, the parties agree as
follows:
1. General Provisions: The CONTRACTOR shall not commence performance of the Scope of
Services ("WORK"), as described in the Attachment "A" to this Contract, until a Notice to
Proceed is issued.
2. Contract Documents and Precedence. The Contract Documents shall include the
Request for Proposal, including all attachments and affidavits to the solicitation ("RFP"), the
Response to the RFP, including all attachments and affidavits to the Response ("Response to
RFP"), and this agreement, Including all attachments to this agreement ("Contract"). In the
event that there is a conflict between any of the Contract Documents, this Contract shall
prevail. In the event that there is a conflict between the RFP and the Response to RFP, the RFP
shall take precedence over the Response unless the City consents in writing to the terms that
are in conflict.
3. Services. The professional services to be provided by the CONTRACTOR shall be as set
forth in the Scope of the Work, which has been marked as Attachment "A" and made a part of
this Contract by reference.
4. Term of Contract. The term of this contract shall be five (5) years commencing on
October 1, 2014 and ending on September 3D, 2019.
5. Basis of Compensation. The renegotiated fees for Services for the WORK are is as set
forth in Attachment "B," 1. (b), which is attached to this Contract and made a part thereof by
reference;
6. Payment and Partial Payments. The CONTRACTOR shall submit an original invoice to the
City for each payment certifying the WORK completed by the CONTRACTOR. The amount of the
invoice submitted shall be the amount due for all WORK performed and unpaid to the date of
the Invoice, as certified by the CONTRACTOR The term "certified" as used in this contract, shall
mean that the certified information or document must be submitted to the City with a
statement made under penalty of perjury and confirming that the information or contents of
the document is true and accurate. The initial invoice shall include CONTRACTOR's W-9 and if
the information on the form should change, an updated W-9 shall be provided with the next
1
invoice following the change. The amount of the invoices submitted shall be the amount due
for all WORK performed to date, as certified by the CONTRACTOR. The request for payment
shall include the following information:
a) CONTRACTOR's Name.
b) Total monthly amount.
c) Amount due this invoice.
d) CONTRACTOR's Invoice number and date.
7. Right of Decisions. All services shall be performed by the CONTRACTOR to the
satisfaction of the City's representative, who shall decide all questions, difficulties and disputes
of whatever nature which may arise under or by reason of this Contract, the prosecution and
fulfillment of the services, and the character, quality, amount and value and the City's
representative's decisions upon all claims, questions, and disputes shall be final, conclusive and
binding upon the parties unless such determination is clearly arbitrary or unreasonable. In the
event that the CONTRACTOR does not concur in the judgment of the representative City as to
any decisions made by him, he shall present his written objections to the City Manager and
shall abide by the decision of the City Manager, unless the decision is clearly arbitrary and
unreasonable. Any issue that is debatable shall be resolved in favor of the City's decision.
8. Ownership of Documents. All reports and reproducible documents, and other data
developed by the CONTRACTOR for the purpose of this Contract shall immediately become the
property of the City without restriction or limitation in connection with the City's use, and
occupancy of the project if applicable under Florida law. The City may reuse these documents
without the need for consent of the CONTRACTOR. When each individual section or phase, if
any, of the WORK under this Contract is complete, all of the above applicable data shall be
delivered to the City. At any time during the course of the Work, all such reports, documents
and data shall be delivered to the City upon demand by the City.
9. Audit Rights. The City reserves the right to audit the records of the CONTRACTOR
related to this Contract at any time during the execution of the WORK and for a period of five
(5) years after final payment is made. In the event that the City audits the records and it is
determined that additional money is owed to the City, th'e Contractor shall pay for the cost of
the audit.
10. Subletting or Assigning. The CONTRACTOR shall not sublet, assign, or transfer any
WORK under this Contract or any of the services to be performed by it hereunder, without the
prior written consent of the City. Any aSSignment or subcontracting in violation hereof shall be
void and unenforceable and shall be deemed a material breach of this Contract. The
CONTRACTOR shall be as fully responsible to the City for the acts and omissions of its
subcontractors and/or assigns, if any, or sub-consultants, as it is for the acts and omissions of
people directly employed by it. The CONTRACTOR shall require each subcontractor or assigns,
2
if any, CONTRACTOR or sub-consultant, approved by the City, to agree in its contract to observe
and be bound to the City by all obligations and conditions of this Contract to which
CONTRACTOR is bound.
11. Personnel. All CONTRACTOR personnel fulfilling the terms of this Contract, shall be
employed solely by the CONTRACTOR and be employees of the CONTRACTOR. CONTRACTOR
agrees to pay the following for CONTRACTOR employees: Wages, Income tax withholdings,
Social security withholdings, State unemployment insurance, Federal unemployment insurance,
and Workmen's compensation insurance. CONTRACTOR shall appropriately and adequately
train personnel, including good "customer service." Personnel not performing up to the
standards of the City will be replaced by the CONTRACTOR immediately.
12. Lobbyist Representations. The ,CONTRACTOR warrants that it has not employed or
retained any company or person, other than a bona fide employee working solely for the
CONTRACTOR, to solicit or secure this contract and that he has not paid or agreed to pay any
company or person other than a bona fide employee working solely for the CGNTRACTOR any
fee, commission, percentage fee, gifts or any other considerations contingent upon or resulting
from the award or making of this contract. For breach or violation of these representations, the
City shall have the right to annul this contract without liability.
13. Termination of Contract. It is expressly understood and agreed that this contract may
be terminated for the following reasons or conditions:
A. City may terminate this Contract without penalty by declining to issue the Purchase
Order.
B. The Contract may be canceled at any time by the City without cause, upon a thirty (30)
day written cancellation notice. The CONTRACTOR may terminate this Agreement
without cause upon 120 days written notice to the City. Upon termination, the City
shall be entitled to a refund of any monies paid to CONTRACTOR for work that was not
performed. The CONTRACTOR shall be entitled to payment equal to the percentage of
the work satisfactorily completed by the CONTRACTOR and accepted by the City.
C. Upon notice of such termination, the City shall determine the amounts due to the
CONTRACTOR for services performed up to the date of termination. The CONTRACTOR
shall not be entitled to payment for Work performed after the termination date. The
CONTRACTOR shall not be entitled to any lost profits under any circumstances.
D. After receipt of a notice of termination, and except as otherwise directed, the
CONTRACTOR shall stop all Work under this Agreement, as of the date specified in the
notice of termination and if no date is specified, than on and after the 121st day
following the receipt of the notice of termination.
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E. The City may terminate this Agreement upon five (5) days written notice if the
CONTRACTOR defaults on any material term ofthis Agreement. The materiality of the
default shall be determined by the City, in the City's sole and absolute discretion.
F. The City shall not be required to pay the CONTRACTOR until it has delivered to the City
all the documents and data relevant to the Work. The CONTRACTOR's acceptance of
the payment in full of the CONTRACTOR's invoice, shall be a non-rebuttable
presumption that the CONTRACTOR has received full payment for all goods and services
rendered to the date of that invoice and pursuant to the terms and conditions of the
Contract.
14. Notice of Claims. If the CONTRACTOR has a claim arising out of this Contract and/or the
Work contemplated by or performed pursuant to this Contract, a Notice of Claim shall be made
in writing and delivered to the City within twenty one (21) days of the date when the
CONTRACTOR knew or should have known of the claim. The delivery of the claim shall be
accomplished in the same manner as delivery of a "notice" or "notification".
A. Any claim for which a Notice of Claim is not timely filed shall be deemed waived.
B. In any event, the CONTRACTOR shall not be entitled to delay damages or consequential
damages and_ his sole compensation for a Default by the City causing a delay shall be
termination of the Contract and/or compensation provided by this Contract for any
completed services and an extension of time to complete the Work equal to the number
of days of delay caused by the City. In the event partial payment has been made for
such services not completed, the CONTRACTOR shall return such sums to the City within
ten (10) days after notice that said sums are due.
15. Insurance and Indemnification. The CONTRACTOR shall comply with all requirements
set forth in the City's standard insurance and indemnification requirements, as set forth in the
attached Attachment "C"
16. Codes, Ordinances and laws. CONTRACTOR agrees to provide its services during the
term of this Contract in accordance with all applicable laws, rules, regulations, and health and
safety standards of the federal, state, county and City, which may be applicable to the service
being provided.
A. The CONTRACTOR is required to complete and sign all affidavits, including Public Entity
Crimes Affidavit form (attached) pursuant to FS 287.133(3) (a), as required by the
solicitation applicable to this Contract. CONTRACTOR shall comply with the Drug Free
Workplace policy set forth in the CSM solicitation for this Contract, which is made a part
of this Contract by reference.
B. The City of South Miami's hiring practices strive to comply with all applicable federal
regulations regarding employment eligibility and employment practices. Thus, all
individuals and entities seeking to do work for the City are required to comply with all
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applicable laws, governmental requirements and regulations, including the regulations
of the United States Department of Justice pertaining to employment eligibility and
employment practices. The City reserves the right at its discretion, but does not assume
the obligation, to require proof of valid citizenship or, in the alternative, proof of a valid
green card or other lawful work permit for each person employed in the performance of
work or services for or on behalf of the City including persons employed by any
independent contractor. By reserving this right the City does not assume any obligation
or responsibility to enforce or ensure compliance with the applicable laws and/or
regulations.
17. Taxes. CONTRACTOR shall be responsible for all payments of federal, state, and/or local
taxes related to the Work, inclusive of sales tax if applicable.
18. Independent Contractor. CONTRACTOR is an independent entity under this Contract
and nothing herein shall be construed to create a partnership, jOint venture, or agency
relationship between the. parties.
19. Licenses and Certifications. CONTRACTOR shall secure all necessary business and
professional licenses at its sole expense prior to executing the Contract.
20. Entirety of Contract. This Agreement constitutes the entire agreement of the parties,
incorporates all the understandings of the parties and supersedes any prior agreements,
understandings, representation or negotiation, written or oral. This Agreement may not be
modified or amended except in writing, signed by both parties hereto. This Agreement shall be
binding upon and inure to the benefit of the City and CONTRACTOR and to their respective
heirs, successors and assigns. No modification or amendment of any terms or provisions of this
agreement shall be valid or binding unless it complies with this paragraph. This agreement, in
general, and this paragraph, in particular, shall not be modified or amended by acts or
omissions of the parties.
21. Jury Trial. City and CONTRACTOR knowingly, irrevocably, voluntarily and intentionally
waive any right either of them may have to a trial by jury in State or Federal Court proceedings
in respect to .any action, proceeding, lawsuit or counterclaim arising out of the Contract
Documents or the performance of the Work thereunder.
22. Attorney Fees. In the event of 'any litigation between the parties arising out of or
relating in any way to this Contract or a breach thereof, each party shall bear its own costs and
legal fees. Nothing contained herein shall restrict the City of South Miami's right to
indemnification for attorney fees incurred by the City of South Miami as set forth in the
indemnification provisions of this Contract.
23. Non-Waiver of Sovereign Immunity. Notwithstanding anything contained in the
Contract to the contrary, nor any statement, act or omission of a City officer, Commission
member or employee, shall be construed to be a waiver of the City's right to the protection of
sovereign immunity.
5
24. Validity of Executed Copies. This Contract may be executed in several counterparts,
each of which may be construed as an original.
25. Rules of Interpretation. Throughout this agreement the male pronoun may be substituted for
female and neuter and the singular words substituted for plural and plural words substituted for
singular wherever applicable. The parties to this agreement have had an opportunity to seek legal
counsel and to draft this agreement in a manner to avoid any ambiguity. The parties also acknowledge
that all terms of this Agreement were negotiated at arm's length and that this Agreement and ali
documents executed in connection herewith were prepared and executed without undue influence
exerted by any party or on any party. Further, this Agreement was drafted jointly by all parties, and no
party is entitled to the benefit of any rules of construction with respect to the interpretation of any
terms, conditions or provisions of this Agreement in favor of or against any person or party who drafted
this Agreement.
26. Severability. If any term or provision of this Contract or the application thereof to any
person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this
Contract, or the application of such term or provision to persons or circumstances other than
those to which it is held invalid or unenforceable, shall not be affected thereby and each term
and proviSion of this Contract shall be valid and E!nforceable to the fullest extent permitted by
law.
27. Non-Waiver. City and CONTRACTOR agree that nofailure to exercise and no delay in
exercising any right, power or privilege under this Contract on the part of either party shall
operate as a waiver of any right, power, or privilege under this Contract. No waiver of this
Contract, in whole or part, including the provisions of this paragraph, may be implied by any act
or omission and will only be valid and enforceable if in writing and duly executed by each of the
parties to this Contract. Any waiver of any term, condition or provision of this Contract will not
constitute a waiver of any other term, condition or provision hereof, nor will a waiver of any
breach of any term, condition or provision constitute a waiver of any subsequent or succeeding
breach. The failure to enforce this agreement as to any particular breach or default shall not act
as a waiver of any subsequent breach or default.
28. No Discrimination. No action shall be taken by the CONTRACTOR, which would
discriminate against any person on the basis of race, creed, color, national origin, religion, age,
sex, familial or marital status, ethnicity, sexual orientation or disability.
29. Equal Employment. In accordance with Federal, State and local law, the CONTRACTOR
shall not discriminate against any employee or applicant for employment because of race,
color, ethnlcity, religion, sex, sexual orientation, national origin or disability. The CONTRACTOR
shall comply with all aspects of the Americans with Disabilities Act (ADA) during the
performance of this contract. The CONTRACTOR shall take affirmative action to ensure that
such discrimination dOE!s not take place and the CONTRACTOR shall ensure that the foregoing
prOVisions are included in all subcontracts or contracts for any work covered by this Contract so
that such provisions will be binding upon each subcontractor.
6
30. Governing Laws. This Contract and the perfprmance of services hereunder will be
governed by the laws of the State of Florida, with exclusive venue for the resolution of any
dispute being a court of competent jurisdiction in Miami-Dade County, Florida.
31. Effective Date. This contract shall become effective upon the execution of the contract
by the City Manager.
32. Third Party Beneficiary. It is specifically understood and agreed that no other person or
entity shall be a third party beneficiary hereunder, and that none of provisions of this Contract
shall be for the benefit of or be enforceable by anyone other than the parties hereto, and that
only the parties hereto shall have any rights hereunder. .
33. Further Assurances. The parties hereto agree to execute any and all other and further
documents as might be reasonably necessary in order to ratify, confirm, and effectuate the
intent and purposes of the Contract.
34. Ownership of Preliminary and Final Records. All preliminary and final documentation
and records shall become and remain the sole property of the City. The CONTRACTOR shall
maintain original documents thereof for its records and for its future professional endeavors
and provide reproducible .copies to the City. In the event of termination of the agreement, the
CONTRACTOR shall cease work and deliver to the City all documents (including reports and all
other data and material prepared or obtained by the CONTRACTOR in connection with the City
Parking Management Services RFP.
35. Time of Essence. Time shall be of the essence with regard to all action to be taken
under the terms of this Contract and no extension of time shall be allowed unless the extension
of time is provided for in a writing signed by the other party.
36. No Remedy Exclusive. No remedy conferred upon or reserved to any party hereto, or
existing at law or in equity, shall be exclusive of any other available remedy or remedies, but
each and every such remedy shall be cumulative and shall be in addition to every other remedy
given under this Contract or hereafter existing at law, in eqUity or by statute.
37. Force Majeure. Neither party hereto shall be in default for the· failure to perform its
obligations under this Contract if caused by acts of God, civil commotion, strikes, labor disputes,
or governmental demands or requirements that could not be reasonably anticipated and ·the
effects avoided or mitigated (hereinafter referred to as "force majeure"). Each party shall
notify the other of any such force majeure within ten (10) days of the occurrence. Neither
party shall hold the other responsible for damages or for delays in performance caused by force
majeure which may include weather conditions affecting performance, floods, epidemics, war,
riots, strikes, lockouts, or other industrial disturbances, or protest demonstrations. Should such
acts or circumstances occur, the parties shall use their best efforts to overcome the difficulties
and to resume the work as soon as reasonably possible.
7
38. Access To Public Records. CONTRACTOR and all of its subcontractors are required to
comply with the Florida public records law (5.119.0701) while providing services on behalf of
the CITY and the CONTRACTOR, under such conditions, shall incorporate this paragraph in all of
its subcontracts for this Project. CONTRACTOR and its subcontractors are specifically required
to: (a) Keep and maintain public records that ordinarily and necessarily would be required by
the public agency in order to perform the service; (b) Provide the public with access to public
records on the same terms and conditions that the public agency would provide the records
and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by
law; (c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law; and (d) Meet all
requirements for retaining public records and transfer, at no cost, to the public agency all public
records in possession of the CONTRACTOR upon termination of the contract and destroy any
duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. All records stored electronically must be provided to the public
agency in a format that is compatible with the information technology systems of the public
agency.
39. Notices. Any notices, reports or other written communications from either party shall
be considered delivered when received by the other party or its authorized representative.
Whenever notice shall be required or permitted herein, it shall be delivered in such a manner
that there is written proof of delivery (including electronic, digital or other similar record that is
capable of being produced) including but not limited to certified mail with a return receipt,
hand delivery, e-mail, facsimile transmission or other type of transmission that provides a
record of transmission and receipt. Certified mail shall be sent with return receipt requested
and shall be deemed delivered on the date shown on the postal delivery confirmation or the
date shown as the date Certified mail was refused or unclaimed. Hand delivery to the City shall
not be sufficient notice for any purpose unless a copy ofthe notice is produced with the official
City Clerk's date and time stamp appearing upon it. Notices shall be delivered to the following
individuals or entities at the addresses (including e-mail) or facsimile transmission numbers set
forth below:
To CITY:
City Manager, Steven Alexander
6130 Sunset Dr.
South Miami, FL 33143
E-mail: salexander@southmiamifl.gov
With copies by u.S. mail to:
City Attorney, Thomas Pepe, Esquire
6130 Sunset Dr.
South Miami, FL 33143
Tel: (305) 667-2564
8
Fax: (305) 341-0584
E-mail: tpepe@southmiamifl.gov
To CONSULTANT/CONTRACTOR:
Regional Vice-President, Christopher B. Walsh
404 Washington Avenue, Ste. 720
Miami Beach, FL 33139
Tel: (305) 913-4882
Email: cwalsh@lazparking.com
40. Limitation on Liability: No member of the governing body of the CITY, and no other officer,
employee, or agent of the CITY shall have any personal interest, direct or indirect, in this Agreement,
except as permitted by the Code of Ethics of the City of South Miami; and the CONTRACTOR covenants
that no person having such interest shall be employed in the performance of this Agreement.
41. Unauthorized Aliens: The employment of unauthorized aliens by the Company is conSidered a
violation of Federal Law. If the Company knowingly employs unauthorized aliens, such violation shall be
cause for unilateral cancellation of this Agreement. This applies to any sub-contractors used by the
Company as well. The CITY reserves the right at its discretion, but does not assume the obligation, to
require proof of valid citizenship or, in the alternative, proof of a valid green card for each person
employed In the performance of work or services for or on behalf of the CITY including persons
employed by any independent contractor. By reserving this right the CITY does not assume any
obligation or responsibility to enforce or ensure compliance with the applicable laws and/or regulations.
9
IN WITNESS WHEREOF, the parties have set their hands on the date set forth below their name.
ATTESTED: OWNI~E!l:.·..cR'l{-6F"SeltJTH MIAMI
By:
By:
Steven Alexander
City Manager
Maria M. Menen
City Clerk
Read and Approved as , Language,
Legality and Executi there
By:
CONTRACTOR: LAZ FLORIDA PARKING. LLC
Christop er B. Walsh
Region I Vice President
Dated: 9/4/2014
Dated:
Dated: _-J.9-,-,(;,-<-'1I-"-/;"J..i __
10
ATTACHMENT "A"
SCOPE OF SERVICES
BACKGROUND:
The City has historically contracted for professional parking management and operating
services to manage and operate public parking within the City of South Miami, and meet the
goals of enhancing customer service, revenue collection and improving overall
operations/efficiencies.
RESPONSIBIUTIES OF THE PARTIES
CITY RESPONSIBIUTlES:
The City currently has responsibility for approximately 764 metered parking
spaces within the borders of the City. In addition to the metered parking,
spaces, 1 Municipal Garage including approximately 450 spaces, a commercial
and residential decal program and valet services are part of the scope. Refer to
Exhibit #l"Maps of South Miami Metered Parking Spaces." Over the last three
fiscal years, the parking revenue is as follows:
2013/2014:
2012/2013:
2011/2012:
$2,320,000 (Projected)
$2,151,268
$1,918,988
During fiscal year 2012-2013, the City began deploying a downtown wire mesh
(Wi-Fj) network to improve connectivity response for wireless parking
equipment. Refer to Exhibit #2 "Map of Downtown Wire Mesh Network." The
City intends to replace the cellular modems inside the parking pay stations with a
connection device supported by the Wi-Fi wire mesh network. As a result of this
deployment, the City anticipates reducing the monthly parking pay station
cellular connectivity costs. All the downtown parking pay stations are
anticipated to be connected via Wi-Fi by September 30, 2014.
The City will provide uniform shirts (polo's), computer equipment, vehicles, a
designated workspace and any other related equipment deemed necessary by
the City involving the parking infrastructure.
The City will provide striping for anyon-street parking that it may develop or
acquire in the future.
11
CONTRACTOR RESPONSIBILITIES:
The CONTRACTOR's operation of the Parking System shall include conducting all
necessary and proper services required for the Parking System' operations to
established industry standards. The CONTRACTOR shall handle the collection of
parking fees when properly due either through cash, coin and/or credit card
payments or by parking validation.
CONTRACTOR shall attend meetings as the City shall request from time to time.
The CONTRACTOR's management of the Parking System shall include financial,
marketing and planning functions. The CONTRACTOR shall provide to the City:
1. A copy of the company annual financial audit on or before June 1st of
every fiscal year.
2. 1 year, and 5 year strategic plans for the Citythat include operating <;Ind
capital budgets on or before June 1st of every fiscal year.
3. An Annual rate study, to determine proper pricing for the Parking System
on or before June 1st of every fiscal year, provided however that the City may
require one additional strategic plan within the term of the Agreement;
recommend and implement improvements to the operational procedures
currently in place including marketing directed in part to increase parking usage
of the Municipal garage and on. the streets.
4. Provide the CITY with management reports as described by the City, as .
often as requested, to include but in no case less often than once a month.
S. An annual written condition appraisal report providing a physical damage
and/or deterioration of the Parking Infrastructure on or before June 1st of every
fiscal year.
6. Customer surveys ·once a year at a minimum, of the City's on-street, off-
street, and municipal garage parking systems and provide the results to the City
on or before June 1st of every fiscal year.
7. Monthly report providing parking violations issued on or before the 1Sth
of every month.
The CONTRACTOR's promotion of the Parking System shall include:
12
1. Working with the business and cultural community
2. Conducting customer surveys twice a year; branding the CITY Parking
System; and developing and implementing a positive marketing campaign to the
satisfaction of the City.
The CONTRACTOR shall submit to the CITY its proposed Operations Program
(Program), which shall include, among other matters, the operating budget, the
capital budget, detailed information regarding a system of cost controls, hours of
operation, personnel schedules, and maintenance schedules for the Parking
System.
The CONTRACTOR shall maintain accurate and complete records detailing all
parking violations issued, Parking enforcement staff hours and claims arising out
of its performance of this Agreement; the basis therefore and the amount
thereof. The CONTRACTOR shall make available all such records to the CITY at
the end of each fiscal year and shall allow the CITY and its representatives to
examine, review and audit any and all such records, as well as all books, and
other documents upon request for a period commencing upon the execution of
this Agreement and ending two (2) years following the expiration or termination
ofthis Agreement.
The CONTRACTOR shall use technology, including green technologies whenever
possible-to enhance and improve customer services and operational
. effiCiencies; and report on the status of any Parking System related project as
directed by the CITY.
The CONTRACTOR's maintenance of the Parking System shall include conducting
routine inspections, routine maintenance and preventative maintenance
services. The CONTRACTOR shall take a proactive approach to maintenance so
that the Parking System shall always function in the most attractive, efficient and
proper manner. At least once a year, the CONTRACTOR shall conduct a
condition appraisal of the Parking System for any sign of physical damage and/or
deterioration and issue a written report that is satisfactory to the CITY.
CONTRACTOR MANAGEMENT SERVICES
1. Provide necessary management and supervisory staff sufficient to oversee
the day-to-day operation of the on-street parking system.
13
2. Provide necessary staff for the day-to-day maintenance of the installed
equipment with a repair response time not to exceed one hour.
3. Provide necessary staff for the collection of revenue from the equipment,
including "back-office" personnel for the counting of revenue and the prompt
processing of credit, debit and smart card payments.
4. The Parking Operator shall manage and enforce the parking program.
Responsibilities include the following:
a. Enforcing parking restrictions, including through the issuance of citations
and the ordering of vehicle towing in accordance with City requirements and
policy.
b. Collecting, accounting for, and depositing with the City, residential
parking permit fees, meter fees, citations payments, including penalties, and any
other parking program revenue.
c. issuing residential and commercial parking permits.
d. Regularly documenting and reporting program expenses and revenues.
e. Installing, maintaining, relocating and replacing meters as necessary.
f. Monitoring parking program effectiveness, including recommended
changes to meter locations.
g. Maintaining a local office within South Miami, and providing an Internet
site accessible to the public, for the purpose of issuing permits, collecting
revenues, and providing public information. Responding to parking complaints
and to public inquiries about all facets of the parking program, in a timely
courteous fashion and in accordance with the City's policies regarding customer
service.
h. Continuing a public information program, which is center around
excellent Customer Service as approved by theeity.
5. Off-Street Parking
Any parking lots, or parking garages that may be developed or acquired in the
future by the CITY will be included as within the scope of this Agreement to be
serviced by the CONTRACTOR.
6. On-Street Parking
14
The CITY has regulated on-street parking spaces located throughout the City of
South Miami. These on-street parking spaces may be changed from time to
time, but at all times any such spaces will be included as parking within the
Parking System and will be subject to the terms of this Agreement. Any on-
street parking that may be developed or acquired in the future by the CITY will
be included as within the scope of this Agreement to be serviced by the
CONTRACTOR.
7. Staffing, Operational & Holiday Hours
Throughout the term of this Agreement, the. CONTRACTOR shall assign sufficient
personnel to properly perform parking management services. The CITY shall not
have any responsibility whatsoever for any personnel who shall be employees of
the CONTRACTOR and for whom CONTRACTOR shall be responsible. If at any
time the CITY is not reasonably satisfied with the performance of any of
CONTRACTOR's personnel, such personnel shall be promptly replaced by the
CONTRACTOR to the reasonable satisfaction of the CITY. CITY and CONTRACTOR
agree that CONTRACTOR will provide enforcement services;
Sunday -Wednesday; 9:00 am-12:00 am (midnight)
Thursday & Saturday; 9:00 am-2:00 am
Christmas Eve & New Years' Eve; 9:00 am-6:00 pm
Thanksgiving, Christmas & New Years' Day; No Enforcement Services
All other Holidays, regular staffing hours will apply
8. The CONTRACTOR understands that certain elements of the Parking
System are subject to eXisting legal obligations including those created by means
of leases, License Agreements and Condominium Documents, as an example.
The CONTRACTOR shall apprise itself of such obligations and shall comply with all
applicable terms and requirements related to its services.
9. The CONTRACTOR's performance shall at all times be subject to review
and approval of the CITY, acting by and through its designated staff
representatives.
15
10. IT IS UNDERSTOOD AND AGREED that CONTRACfOR is retained solely for
the purposes of Parking Management described herein and only to the extent
set forth in this Agreement. The CONTRACfOR'S relationship to the CITY shall be
that of an independent contractor. Neither the CONTRACfOR nor any of its
employees shall be considered under the provisions of this Agreement or for any
purposes hereunder, as having an "employee" status or as being entitled to
participate in any benefits accrued by or given to CITY employees.
11. Senior management staff of the CONTRACfOR shall be available to meet
with the CITY and other officials of the City of South Miami as may be required
with regard to the services performed hereunder.
12. SERVICE LEVEL AGREEMENT (SLA)
a) Monday thru Friday -A pay and display meter will not have less than a 6-
hour repair time. A single space meters will be repaired within 24 hours.
b) Weekends & Holidays -A pay and display meter will not have less than a
24 hour repair time. All single space meters will be repaired within 48 hours.
MINIMUM QUALIFICATIONS OF CONTRACTOR
• Must have experience in the design, installation and management of at least
three (3) on-street contracts of similar size and scope as the City of SOUTH
MIAMI for the last three (3) years at a minimum.
• In addition to a local office, the CONTRACfOR must have a regional support
office located within 20 miles of the City of South Miami.
• CONTRACfOR must have on its staff at least one (1) senior level Manager or
Executive that possesses a minimum of 20 years of on-street parking
management and Traffic Engineering experience.
• CONTRACfOR must be a buSiness in good standing and have good credit.
MINIMUM SERVICES REQUIRED BY CONTRACTOR
The CONTRACfOR is responsible for providing, at a minimum, the following
services:
16
• Provide, in consultation with the City, all necessary design, function,
management, operation and marketing ofthe program.
• Assistance in implementing the program, including working with downtown
businesses, presentations to neighborhood groups and other organizations as
needed.
• Financing of any capital improvements, including but not limited to parking
meters, support vehicles, computer and coin counting and revenue processing
equipment.
• Purchase of related equipment deemed necessary to administer the program.
• Installation and maintenance of parking meters. CONTRACTOR shall install, at
its expense, poles, lor single space meters/heads (including those that provide
for the metering of two spaces on a single pole), and mUlti-space parking
meters, that are requested by the City to convert un-metered on-street
parking to metered parking. All installation shall be in accordance with
standards approved and permitted by the City. All meters shall be repaired
within 24 hours of identified as malfunctioning
• Collection, counting and depositing of revenue. Collections of each meter shall
be done no less than bi-weekly and more often if meter canisters are full. All
collections shall be deposited on the day of collection into a bank account
specified by the City.
• Provide sufficient personnel to operate the system to the full benefit of the
City.
• Provide specialized training and certification for maintenance and repair
personnel.
• Handle in an appropriate manner all customer service issues associated with
the program.
• Provide weekly, monthly and annual reports as required by the City.
• Any other services contained in the CONTRACTOR's proposal submitted in
response to the City's Parking Management RFP.
17
ATTACHMENT "8"
1. (a) Price Proposal as presented In the RFP response:
Yr LAZ
1 213,156
2 218,485
3 . 223,947
4 229,546
5 235,285
5-YRTOTAL 1,120,419
(b) Price as negotiated and agreed to by both parties, which are the effective amounts
for payment of this Agreement:
Yr
1
2
3
4
5
5-YRTOTAL
LAZ
203,008
218,485
223,947
229,546·
235,285
1,110,271
The annual amount is paid on a monthly basis between October and September before
the 15th of every month. It is the responsibility of the Contractor to provide the City
with a monthly invoice before the 5th of every month.
2. Surveys were not completed as required in the previous contract and in a good faith
effort; CONTRACTOR shall provide a donation to the City of South Miami, which will be
used for the City's Fourth of July Annual Fireworks display in the amount of nine
thousand ($9,000) dollars in the calendar year 2015.
3. CONTRACTOR shall provide at its sole cost; one (1) GEM Vehicle valued at approximately
$14,500 for parking services provided in this Contract. within the first twenty-four (24)
months of this agreement or before October 1, 2016 or if current electric vehicle needs
replacement before said date.
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ATTACHMENT "e"
INSURANCE AND INDEMNIFICATION
1.1 Insurance-
A. Without limiting its liability, the vendor, contractor, consultant or consulting firm
(hereinafter referred to as "FIRM" with regard to Insurance and Indemnification
requirements) shall be required to procure and maintain at its own expense during
the life of the Contract, insurance of the types and in the minimum amounts stated
below as will protect the FIRM, from claims which may arise out of or result from the
contract or the performance of the contract with the City of South Miami, whether
such claim is against the FIRM or any sub-contractor, or by anyone directly or
indirectly employed by any of them or by anyone for whose acts any of them may be
liable.
B. No insurance required by the CITY shall be issued or written by a surplus lines carrier
unless authorized in writing by the CITY and such authorization shall be at the CITY's
sole and absolute discretion. The FIRM shall purchase insurance from' and shall
maintain the insurance with a company or companies lawfully authorized to sell
insurance in the State of Florida, on forms approved by the State of Florida, as will
protect the FIRM, at a minimum, from all claims as set forth below which may arise
out of or result from the FIRM's operations under the Contract and for which the
FIRM may be legally liable, whether such operations be by the FIRM or by a
Subcontractor or by anyone directly or indirectly employed by any of them, or by
anyone for whose acts any of them may be liable: (a) claims under workers'
compensation, disability benefit and other similar employee benefit acts which are
applicable to the Work to be performed; (b) claims for damages because of bodily
injury, occupational sickness or disease, or death of the FIRM's employees; (c)
claims for damages because of bodily injury, sickness or disease, or death of any
person other than the FIRM's employees; (d) claims for damages insured by usual
personal injury liability coverage; (e) claims for damages, other than to the Work
itself, because of injury to or destruction of tangible property, including loss of use
resulting there from; (f) claims for damages because of bodily injury, death of a
person or property damage arising out of ownership, maintenance or use of a motor
vehicle; (g) claims for bodily injury or property damage arising out of. completed
operations; and (h) claims involving contractual liability insurance applicable to the
FIRM's obligations under the Contract.
2.1 Firm's Insurance Generally
The FIRM shall provide and maintain in force and effect until all the Work to be
performed under this Contract has been completed and accepted by CITY (or for
such duration as is otherwise specified hereinafter), the insurance coverage written
'on Florida approved forms and as set forth below:
19
A. Workers' Compensation Insurance at the statutory amount as to all
employees in compliance with the "Workers' Compensation law" of the
State of Florida including Chapter 440, Florida Statutes, as presently
written or hereafter amended, and all applicable federal laws. In addition,
the policy (ies) must include: Employers' liability at the statutory
coverage amount. The FIRM shall further insure that all of its
Subcontractors maintain appropriate levels of Worker's Compensation
Insurance.
B. Commercial Comprehensive General liabilitv insurance with broad form
endorsement, as well as automobile liability, completed operations and
products liability, contractual liability, severability of interest with cross
liability proVision, and personal injury and property damage liability with
limits of $1,000,000 combined single limit per occurrence and $2,000,000
aggregate, including:
• Personal Injury: $1,000,000;
• Medical Insurance: $5,000 per person;
• PropertY Damage: $500,000 each occurrence;
• Automobile liability: $1,000,000 each aCCident/occurrence.
• Umbrella: $1,000,000 per claim
C. Umbrella Commercial Comprehensive General liability insurance shall be
written on a Florida approved form with the same coverage as the
primary insurance policy but in the amount of $1,000,000 per claim and
$2,000,000 Annual Aggregate. Coverage must be afforded on a form no
more restrictive than the latest edition of the Comprehensive General
Liability policy, without restrictive endorsements, as filed by the Insurance
Services Office, and must include:
(1) Premises and Operation
(2) Independent Contractors
(3) Products and/or Completed Operations Hazard
(4) ExplOSion, Collapse and Underground Hazard Coverage
(5) Broad Form Property Damage
(6) Broad Form Contractual Coverage applicable to this specific
Contract, including any hold harmless and/or indemnification
agreement.
(7) Personal Injury Coverage with Employee and Contractual
Exclusions removed, with minimum limits of coverage equal to
those required for Bodily Injury liability and Property Damage
liability.
D. Business Automobile liabilitv with minimum limits of One Million Dollars
($1,000,000.00) plus an additional Two Million Dollar ($2,000,000.00)
umbrella per occurrence combined single limit for Bodily Injury liability
20
and Property Damage Liability. Umbrella coverage must be afforded on a
form no more restrictive than the latest edition of the Business
Automobile Liability policy, without restrictive endorsements, as filed by
with the state of Florida, and must include:
(1) Owned Vehicles.
(2) Hired and Non-Owned Vehicles
(3) Employers' Non-Ownership
3.1 SUBCONTRACTS:
The FIRM agrees that if any part of the Work under the Contract is sublet, the
subcontract shall contain the same insurance provision as set forth in section 5.1 above
and 5.4 below and substituting the word Subcontractor for the word FIRM and
substituting the word FIRM for CITY where applicable.
4.1 Fire and Extended Coverage Insurance (Builders' Risk), IF APPLICABLE:
A. In the event that this contract involves the construction of a structure by the FIRM,
the FIRM shall maintain, with an Insurance Company or Insurance Companies
acceptable to the CITY, "Broad" form/All Risk Property Insurance including
Vandalism & Malicious Mischief coverage, on buildings and structures, while in the
course of construction, including foundations, additions, attachments and all
permanent fixtures' belonging to and constituting a part of said buildings or
structures. The policy or policies shall also cover machinery, if the cost of machinery
is included in the Contract, or if the machinery is located in a building that is being
renovated by reason of this contract. The amount of insurance must, at all times, be
at least equal to the replacement and actual cash value of the insured property. The
policy shall be in the name of the CITY and the FIRM, as their interest may appear,
and shall also cover the interests of all Subcontractors performing Work.
B. All of the prOVisions set forth in Section 5.4 herein below shall apply to this
coverage unless it would be clearly not applicable.
5.1 Miscellaneous:
A. If any notice of cancellation of insurance or change in coverage is issued by the
insurance company or should any insurance have an expiration date that will occur
during the period of this contract, the FIRM shall be responsible for securing other
acceptable insurance prior to such cancellation, change, or expiration so as to provide
continuous coverage as specified in this section and so as to maintain coverage during
the life of this Contract.
B. All deductibles must be declared by the FIRM and must be approved by the CITY. At
the option of the CITY, either the FI RM shall eliminate or reduce such deductible or
the FIRM shall procure a Bond, in a form satisfactory to the CITY covering the same.
21
C. The policies shall contain waiver of subrogation against CITY where applicable, shall
expressly provide that such policy or policies are primary over any other collectible
insurance that CITY may have. The CITY reserves the right at any time to request a
copy of the required policies for review. All policies shall contain a "severability of
interest" or "cross liability" clause without obligation for premium payment of the
CITY, as well as contractual liability proviSion covering the Contractors duty to
indemnify the CITY as provided in this Agreement.
D. Before starting the Work, the FIRM shall deliver to the CITY and FIRM certificates of
such insurance, acceptable to the CITY, as well as the insurance binder, if one is
issued, the insurance policy, including the declaration page and all applicable
endorsements and provide the name, address and telephone number of the
insurance agent or broker through whom the policy was obtained. The insurer shall
be rated A.VII or better per A.M. Best's Key Rating Guide, latest edition and
authorized to issue insurance in the State of Florida. All insurance poliCies must be
written on forms approved by the State of Florida and they must remain in full
force and effect for the duration of the contract period with the CITY. The FIRM
may be required by the CITY, at its sole discretion, to provide a "certified copy" of
the Policy (as defined in Article 1 of this document), which shall include the
declaration page and all required endorsements. In addition, the FIRM shall deliver,
at the time of delivery of the insurance certificate, the following endorsements:
(1) a policy provision or an endorsement with substantially similar provisions
as follows:
"The City of South Miami is an additional insured. The insurer shall pay
all sums that the City of South Miami becomes legally obligated to pay as
damages because of 'bodily injury", 'property damage' , or "personal and
advertising injury" and it will provide to the City all of the coverage that is
typically provided under the standard Florida approved forms for
commercial general liability coverage A and coverage B";
(2) (b) a policy provision or an endorsement with substantially similar
prOVisions as follows:
"This policy shall not be cancelled (including cancellation for non-payment of premium),
without first giving the City of South Miami ten (10) days advanced written notice of the
intent to cancel or terminate the policy for any reason."
6.1 Indemnification
A. The FIRM accepts and voluntarily incurs all risks of any injuries, damages, or harm
which might arise during the work or event that is occurring on the CITY's property
due to the negligence or other fault of the FIRM or anyone acting through or on
behalf of the FIRM.
22
B. The FIRM shall indemnify, defend, save and hold CITY, its officers, affiliates,
employees, successors and assigns, harmless from any and all damages, claims,
liability, losses, claims, demands, suits, fines, judgments or cost and expenses,
including reasonable attorney's fees, paralegal fees and investigative costs
incidental there to and incurred prior to, during or following any litigation,
mediation, arbitration and at all appellate levels, which may be suffered by, or
accrued against, charged to or recoverable from the City of South Miami, its
officers, affiliates, employees, successors and assigns, by reason of any causes of
actions or claim of any kind or nature, including claims for injury to, or death of any
person or persons and for the loss or damage to any property arising out of a
negligent error, omis~ion, misconduct, or any gross negligence, intentional act or
harmful conduct of the FIRM, its contractor/subcontractor or any of their officers,
directors, agents, representatives, employees, or assigns, or anyone acting through
or on behalf of any of them, arising out of this Agreement, incident to it, or
resulting from the performance or non-performance of the FIRM's obligations
under this AGREEMENT or which arises out of or is concerning the use of CITY
property or the service, operation or performance of any work that is being
performed for the CITY or of any event that is occurring on the CITY's property.
C. The FIRM shall pay all claims, losses and expenses of any kind or nature
whatsoever, in connection thereWith, including the expense or loss of the CITY
and/or its affected officers, affiliates, employees, successors and assigns, including
their attorney's fees, in the defense of any action in law or equity brought against
them and arising from the negligent error, omission, or act of the FIRM, its Sub-
Contractor or any of their agents, representatives, employees, or assigns, and/or
arising out of, or incident to, this Agreement, or incident to or resulting from the
performance or non-performance of the l'IRM's obligations' under this
AGREEMENT ..
D. The FIRM agrees and recognizes that neither the CITY nor its officers, affiliates,
employees, successors and assigns shall be held liable or responsible for any claims,
including the costs and expenses of defending such claims which may result from or
arise out of actions or omissions of the FIRM, its contractor/subcontractor or any of
their agents, representatives, employees, or assigns, or anyone acting through or
on behalf of the them, and arising out of or concerning the work or event that is
occurring on the CITY's property. In reviewing, approving or rejecting any
submissions or acts of the FIRM, CITY in no way assumes or shares responsibility or
liability for the acts or omissions of the FIRM, its contractor/subcontractor or any of
their agents, representatives, employees, or assigns, or anyone acting through or
on behalf of them.
E. The FIRM has the duty to provide a defense with an attorney or law firm approved
by the City of South Miami, which approval will not be unreasonably withheld.
23
·ENQ OF DOCuMENT
.,
" ','
",
24
NEIGHBORS
CALENDAR
• CALENDAR, fROM 345E
CIVIC/GOVERNMENT
Community ServJcu and tba MU-
Ilary: COmmunity dlscussillTl on
cMllenges rated by veterans and
retummg military seeking $etv!ces
through the Veteran's Administration
Medical Center. RSVP required at
beacOf\CoullCiLcom!events..
B am. Aug. 28. Beaton CoundI, 80
SW E'l9llth SL Suite 2400, Downtown
Miami. 530; $20 members •
FAIRS & FESTIVALS
BrIckeD Fashion Market't. A Trend--
setter's Bazaar. Wide tange of
trendv clothing, shoes, bags and
accessories from reputable brands
and up-anti-coming designers !rom
aU over till! wor!d.
n a.m. Aug. 2t. Intertohtlnental
Miami.lOO CtloDin Plaza.. Downtown
MiamL Fl!e. 786-546-B50o.
Cultural Souls Fine ArI Fair-MIami:
Weekend art fair s/1owcases the
worlts by esta:Jlished and emerging
artists from around the wolfd plus
interactive demos and live art
aut;liol'l.
Xl a,m. Aug. 24, Sherbondy VIRag!
• TURN TO CALENDAR, 38SE
ALL LEVELS WELCOME!
Intro Classes To Competative Leagues
August 23 • December 13, 2014
Two Full Courts In Our Indoor Gym
League Players Receive Uniforms & Tropilles
• Biddy Clinic -Grades K -.1
• Youth Leagues -Grades 1-2, 3-5
• Teen Leagues -Grades 6-8, 9-12
• Corporate Basketball-iS yrs +
CALL: 305.271.9000 x292
CITYOFSOUTHMIAMI
COURTESY NonCE
l A RcsoluiiOn authorizing ~ City MIlIlIgU to C%«IIlC a live (5) year IZllltl'adwith Lu Parkins:,'
l=. fin: an alllount not to acccd $1,120,419 fin:. five (5) year period. ,
J.AO~gmttUagIOF!o,.Pawa:&Light~pany;ib;~and:aap.anc1ectric
fr:tnclWIe,iIDpoaag ~ioa:Is aDd coodio-r ~ IheRIO, providing fin: monthly payments to
the at)' of'Soutb MiamI, :wi plOYidiag for an effective date.
Iul Otdinaw:c: amending Section 2O-7.U of tbt: CIty .n South Mmmi. LmiI D&M:!opmaiE
Cadc cantaniDg pado:ing ~ !Of ~~ within the Hometown Disrrkt Overlay
(HD-OV) Zone.
An Ordinance ammding the City of South Miami Land DevdaplIlCllt Cod: &ction la-7.U
Pctmi~ UecJ; (A). Storottom UICS within the HomeIOWn Dimict OYCl'h.y, to arencc
p~ for Khoob adop= by Otdinanee OS-lH078.
AlL imcrcJtW panics :ue imi=i to :artJ:nd and wiD be heW.
For fimbcr inltmn~, pJe-: amb(!: the C"uy Clerk. O~ at: 305-6&3-6340.
MatiaM.Menendcz.CMC
CityClcrk
RIVIERA DAY SCHOOL 6800 Nc:rvi2 Sired. COJ;l.l G.lbles. FL 33146 I Tel. 305.666.1856
RIVIERA PREPARATORY SCHOOL 9775 SW 81 Avenue. Milomi, PL3J176 lTd. 786.300.0300
www.rivi .. r ... ehoob ... anlIAc;C.CditcdbyATSF.SACS.MSA.Ai. NCPSA, NrpSA
MIAMI DAIL V BUSINESS RI;:VIEW
Published Daily excepl SalurdBY. Sunday and
. Legal Holidays
Miami, M1aml-Dade County, Aoricla
STATE OF FLORIDA
COUNTY OF MIAMI·DADE,
Before the undersigned authority personally appeared
MARIA MESA, who on oath says that he or she Is the
LEGAL CLERK, Legal Notices of the MlamlDaily Business
Review flkla, Miami Review, a dally (except Saturday, Sunday
and legal Holidays) newspaper, published at MJamHn Miaml·Dade
County, Aorida; that the attached copy of advertisement.
belng·a Legal Advertisement of Notice In the matter of
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING FOR 9/212014
in the XXXX Court,
was published In said newspaper In the Issues' of
08/2212014
. Affiant further says that the said Miami Oa(ly Business
Review Is a newspaper published at Miami in said Mlaml·Dade .
County. Florida and that the said newspaper has
heretofpre,been continuously published in said Mlami·Dade County,
Rorlda, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the.post
offl.eln Miami In said Mlaml·Dade County, Florlda, for a
period of one yea,r next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor ~' n person, firm or corporation
any discount. re ommfsslon or und for 1l:te purpose
o . a va t for pub atton In the said
n.ws~p~ ________ ~J--'~ ____ __
(SEAL)
MARIA MESA personally known to me